## Facts

- Marcie Fuerschbach worked as a Southwest Airlines customer service representative at the Albuquerque Sunport and was completing her initial probationary period.
- Southwest supervisors arranged a workplace prank to mark the probation completion by coordinating with two uniformed Albuquerque police officers.
- At the ticket counter, the officers told Fuerschbach she was under arrest, turned her around, placed her hands behind her back, handcuffed her, and escorted her about 15 feet while she remained handcuffed.
- Fuerschbach was not told it was a joke until after the handcuffing and escort occurred.
- Fuerschbach alleged she was frightened and humiliated and later claimed serious psychological harm, including PTSD.
- She sued under 42 U.S.C. § 1983, alleging an unreasonable seizure under the Fourth Amendment (and related constitutional theories) against the officers and the City of Albuquerque.
- She also asserted state-law tort claims (including battery and false imprisonment) against the officers, the City, Southwest, and Southwest personnel involved in the prank.
- The district court granted summary judgment to all defendants, including qualified immunity for the officers and workers’ compensation exclusivity for claims against Southwest and supervisors.

## Issues

1. Whether the staged handcuffing and escort constituted a Fourth Amendment seizure that was unreasonable, defeating qualified immunity at summary judgment.
2. Whether summary judgment was proper on state-law tort claims against the officers and the City arising from the mock arrest.
3. Whether the New Mexico Workers’ Compensation Act provided the exclusive remedy for injuries arising from the workplace prank, barring state tort claims against Southwest and supervisors.

## Decision

- The court reversed the grant of qualified immunity to the officers on the Fourth Amendment claim and remanded for further proceedings.
- The court held that Fuerschbach’s allegations described a seizure: a reasonable person in her position would not have felt free to leave when uniformed officers announced an arrest, handcuffed her, and moved her away.
- The court concluded the seizure was presumptively unreasonable because the officers acted without probable cause or any legitimate law-enforcement purpose; the prank characterization did not supply lawful authority.
- The court determined the right to be free from being handcuffed and taken away by police without lawful cause was clearly established, so qualified immunity could not be resolved in the officers’ favor as a matter of law.
- The court reversed summary judgment for the officers and the City on several state-law tort claims, finding genuine disputes of material fact (including whether the handcuffing constituted offensive contact and unlawful restraint under state law).
- The court affirmed summary judgment for Southwest and its supervisors on the state-law tort claims because the injuries arose out of and in the course of employment and were tied to workplace “horseplay,” and there was no evidence of a specific intent to injure that would avoid workers’ compensation exclusivity.
- In all other respects, the court affirmed the district court’s judgment.

## Legal Principles

- A Fourth Amendment seizure occurs when, under the totality of circumstances, a reasonable person would not feel free to leave; handcuffing and escorting by uniformed officers after announcing an arrest constitutes a seizure.
- A seizure lacking probable cause or another legitimate law-enforcement justification is unreasonable; officers’ subjective intent to conduct a prank does not make the detention lawful.
- Qualified immunity is unavailable at summary judgment when alleged facts show a violation of a clearly established right; staging an arrest without lawful cause can violate clearly established Fourth Amendment standards.
- Under New Mexico law, workplace “horseplay” may be considered an incident of employment; absent specific intent to injure, workers’ compensation is the exclusive remedy against the employer and supervisory co-employees for injuries arising out of and in the course of employment.

## Conclusion

The Tenth Circuit held that a staged “mock arrest” involving handcuffing and escorting an employee could constitute a clearly unlawful Fourth Amendment seizure, precluding qualified immunity at summary judgment, while workers’ compensation exclusivity barred state tort claims against the employer and supervisors for injuries arising from workplace horseplay without specific intent to injure.


Fuerschbach v. Sw. Airlines Co., 439 F.3d 1197 (10th Cir. 2006)